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What is the time limit to file for child support after the child is born?

Brooklyn, NY |

been with my child father for three years,had a child by him in 2008. We broke up, he took over paying for daycare expencises,now I havent filed for child support against him wanted to know how long I have before it is too late for me to file?

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Attorney answers 2


There is no so-called 'statute of limitations'. However, if you file a petition for child support, you will only be entitled to child support commencing on the date of the filing- it is not retroactive. Kindly contact me if you require further information.


You can seek child support at any time up until the child's 21st birthday. If you were not married to the child's father at the time the child was born, you will first have to establish paternity before the Court will order support. This may require the filing of a paternity petition, which will then be automatically deemed a support petition upon a finding of paternity.

Mr. Rosen practices matrimonial and family law in Great Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. You are strongly advised to confer with an attorney in your own state to acquire more information suited to your particular circumstances.

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